A Portuguese lawyer instructed by you, and by no one else in the transaction. The property, the planning and licensing position and the contract are examined before the commitment is signed, and the position is set out in writing, in English.
What a lawyer does in a Portuguese property transaction
A purchase in Portugal runs through documents that come from different places: the land registry, the tax register, the municipal licensing file and the contract itself. Each of them says something about the property, and they do not always say the same thing. The work is to read them together, identify what does not match, and explain what that means for the person who is about to sign.
- The promissory contract (CPCV) is where the deposit, the timetable and the consequences of withdrawal are fixed. It is signed before the deed, and it binds.
- Registered charges are attached to the property, not to the seller. They have to be dealt with before the deed, or at it.
- Works carried out without a title, or areas that do not match the registry, become the new owner’s to resolve once the deed is signed.
Who instructs this office
- Non-resident buyers acquiring a home, a plot or a property to refurbish.
- Owners regularising works, areas or the use permit.
- Investors structuring an acquisition, in their own name or through a company.
- Sellers who want the property in order before it goes to market.
What is examined
- Title and registry — ownership and the chain of transfers, mortgages, attachments and other charges, and whether the registry description, the tax register and the property as it stands actually match.
- Planning and licensing — the use permit, whether the works carried out are covered by a title, and what the municipal plan allows on the plot.
- The contract — the clauses, the conditions, the timetable, and what happens if either side does not perform.
What you receive
- A written report, in English, with the legal assessment of each of the three areas.
- A risk matrix that ranks the contingencies found.
- The list of conditions to require of the seller, and the review of the promissory contract.
Working from abroad
- Documents are gathered and reviewed without you being in Portugal.
- Meetings by video call, at a time that works across time zones.
- Where you cannot attend the deed in person, the requirements for acting through a power of attorney are set out in advance.
- Meetings and the written report in English. The documents are Portuguese; the parts that matter are translated and explained in the report.
Areas of practice
- Real estate due diligence — the property examined before the commitment.
- Purchase and sale, promissory contract (CPCV) — clauses, conditions and the deed.
- Urban planning and licensing — viability, legalisation, use permits and dealings with the council.
- Real estate investment structuring — own name or company, tax treatment and guarantees.
- Urban lease — letting, rent and termination.
- Real estate litigation — defects, charges, enforcement and disputes over the property.
Where the office works
The office is in Oeiras, west of Lisbon, and works mainly in the Lisbon region. Matters elsewhere in Portugal are taken on where the file justifies it.
Frequently asked questions
Do I need a lawyer to buy property in Portugal?
The transaction can be completed without one. The question is a different one: whether the buyer wants the property, the licensing position and the contract examined before the commitment binds, rather than after.
Is the deed itself not enough of a check?
The deed is a formal act, concerned with identity, the documents presented and the formalities. Whether the works are covered by a title, whether the areas match and whether the contract protects the buyer is a separate examination, and it is made before the deed, not at it.
Can the work be done if I am not in Portugal?
Yes. Documents are gathered and reviewed remotely, meetings are held by video call, and where attendance at the deed is not possible the requirements for acting through a power of attorney are set out in advance.
I have already signed the promissory contract. Is it too late?
No. The contract is examined as it stands, together with what was paid and what was agreed, and the position is set out before the deed.
In which language do we work?
Meetings and the written report are in English. The underlying documents are Portuguese; the parts that matter are translated and explained.
Which areas of Portugal does the office cover?
Mainly the Lisbon region — Lisbon, Cascais, Estoril and Oeiras, Sintra, Amadora and Loures, and the south bank. Matters elsewhere are taken on where the file justifies it.
Speak to the office
Paulo Silva Silva — advogado, Cédula Profissional n.º 46829-P, Ordem dos Advogados. Lagoas Park, Edifício 7, 1.º piso (ala Sul), 2740-244 Porto Salvo, Oeiras, Portugal.